Lewisham Council has apologised to a woman it failed to protect from harm as a child and has agreed to reconsider her complaint after the Local Government and Social Care Ombudsman upheld it. The council had previously refused to investigate the woman's case because she did not complain within the expected 12-month timeframe, but the Ombudsman found the council should have considered using its discretion.
Background of the case
The woman, identified only as Mrs X in the Ombudsman's decision notice, alleged that the council failed to protect her from harm when she was a looked-after child from 1994 onwards. A looked-after child is defined as a minor in the care of a local authority under The Children Act 1989. She also accused the council of failing to safeguard her own children from 2000 onwards.
Mrs X claimed that the council did not take into account her young age, significant trauma, and mental capacity to understand the impact of the events when they occurred. She argued that these factors prevented her from making a complaint within the standard 12-month period. No specific details about the events have been made public.
Ombudsman's findings
The Ombudsman said it would likely find fault with the council if it investigated the complaint, as the council would have failed to properly consider whether it should "exercise discretion" to accept the late complaint. Under the Statutory Procedure for Children around social care complaints, councils have the discretion to accept complaints made more than one year after the events in question.
The Ombudsman upheld Mrs X's complaint because the council agreed to resolve it early by providing a proportionate remedy for the injustice caused to her. The Ombudsman has asked the council to provide evidence showing it has details of Mrs X's specific complaints, its reviewed decision, and that it has given proper consideration to all of her circumstances against the guidance.
Council's response
A spokesperson for Lewisham Council said: "We accept the Ombudsman's findings and will now reconsider the complaint in line with the statutory complaints guidance and the Ombudsman's recommendations. It is important that these historic cases of abuse get a trauma-informed and survivor-centred response."
The spokesperson added: "As part of our learning from this case, we are reviewing our processes and strengthening our approach for managing historic abuse concerns to ensure that these cases are considered appropriately and sensitively." The council also expressed regret that it did not properly consider Mrs X's circumstances when reaching its previous decision, acknowledging the "distressing and sensitive nature of the concerns raised."
